To: beelzepug
I think double jeopardy also includes being sentenced twice for the same crime. One thing to note is that no three-strikes rule existed at the time of his previous convictions, which violates yet another Constitutional provision, the prohibition on ex post facto laws. So we have here a situation where he was tried, convicted, served his time, and many years later additional penalties were added.
30 posted on
03/07/2005 9:53:01 AM PST by
thoughtomator
(Gleefully watching the self-demolition of all things left-wing)
To: thoughtomator
thoughtomator said:
"One thing to note is that no three-strikes rule existed at the time of his previous convictions, which violates yet another Constitutional provision, the prohibition on ex post facto laws. " Although I am very much a supporter of increasing severity of sentences for career criminals, I agree with you on this. The Constitution was explicit on this point for a reason.
I would also tie sentencing to the rate at which crimes are solved. If we are only solving 2% of burglaries, there is nothing wrong with recognizing that the average burglar apprehended is committing his share of the unsolved crimes. Decreasing initial penalties and increasing the sentences for recidivists will ensure that this policy is not harsh.
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